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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 2023 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2023
To reform the financing of Senate elections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 12, 2014
Mr. Durbin (for himself, Mrs. Boxer, Mr. Brown, Mr. Cardin, Mr.
Franken, Mrs. Gillibrand, Mr. Harkin, Mr. Heinrich, Ms. Klobuchar, Mr.
Leahy, Mr. Menendez, Mr. Markey, Mr. Merkley, Mr. Murphy, Mr. Sanders,
Mrs. Shaheen, and Ms. Warren) introduced the following bill; which was
read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To reform the financing of Senate elections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Fair Elections Now
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
Subtitle A--Fair Elections Financing Program
Sec. 101. Findings and declarations.
Sec. 102. Eligibility requirements and benefits of Fair Elections
financing of Senate election campaigns.
Sec. 103. Prohibition on joint fundraising committees.
Sec. 104. Exception to limitation on coordinated expenditures by
political party committees with
participating candidates.
TITLE II--IMPROVING VOTER INFORMATION
Sec. 201. Broadcasts relating to all Senate candidates.
Sec. 202. Broadcast rates for participating candidates.
Sec. 203. FCC to prescribe standardized form for reporting candidate
campaign ads.
TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
Sec. 301. Petition for certiorari.
Sec. 302. Filing by Senate candidates with Commission.
Sec. 303. Electronic filing of FEC reports.
TITLE IV--PARTICIPATION IN FUNDING OF ELECTIONS
Sec. 401. Refundable tax credit for Senate campaign contributions.
TITLE V--REVENUE PROVISIONS
Sec. 501. Fair Elections Fund revenue.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Severability.
Sec. 602. Effective date.
TITLE I--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
Subtitle A--Fair Elections Financing Program
SEC. 101. FINDINGS AND DECLARATIONS.
(a) Undermining of Democracy by Campaign Contributions From Private
Sources.--The Senate finds and declares that the current system of
privately financed campaigns for election to the United States Senate
has the capacity, and is often perceived by the public, to undermine
democracy in the United States by--
(1) creating a culture that fosters actual or perceived
conflicts of interest by encouraging Senators to accept large
campaign contributions from private interests that are directly
affected by Federal legislation;
(2) diminishing or appearing to diminish Senators'
accountability to constituents by compelling legislators to be
accountable to the major contributors who finance their
election campaigns;
(3) undermining the meaning of the right to vote by
allowing monied interests to have a disproportionate and unfair
influence within the political process;
(4) imposing large, unwarranted costs on taxpayers through
legislative and regulatory distortions caused by unequal access
to lawmakers for campaign contributors;
(5) making it difficult for some qualified candidates to
mount competitive Senate election campaigns;
(6) disadvantaging challengers and discouraging competitive
elections; and
(7) burdening incumbents with a preoccupation with
fundraising and thus decreasing the time available to carry out
their public responsibilities.
(b) Enhancement of Democracy by Providing Allocations From the Fair
Elections Fund.--The Senate finds and declares that providing the
option of the replacement of large private campaign contributions with
allocations from the Fair Elections Fund for all primary, runoff, and
general elections to the Senate would enhance American democracy by--
(1) reducing the actual or perceived conflicts of interest
created by fully private financing of the election campaigns of
public officials and restoring public confidence in the
integrity and fairness of the electoral and legislative
processes through a program which allows participating
candidates to adhere to substantially lower contribution limits
for contributors with an assurance that there will be
sufficient funds for such candidates to run viable electoral
campaigns;
(2) increasing the public's confidence in the
accountability of Senators to the constituents who elect them,
which derives from the program's qualifying criteria to
participate in the voluntary program and the conclusions that
constituents may draw regarding candidates who qualify and
participate in the program;
(3) helping to reduce the ability to make large campaign
contributions as a determinant of a citizen's influence within
the political process by facilitating the expression of support
by voters at every level of wealth, encouraging political
participation, and incentivizing participation on the part of
Senators through the matching of small dollar contributions;
(4) potentially saving taxpayers billions of dollars that
may be (or that are perceived to be) currently allocated based
upon legislative and regulatory agendas skewed by the influence
of campaign contributions;
(5) creating genuine opportunities for all Americans to run
for the Senate and encouraging more competitive elections;
(6) encouraging participation in the electoral process by
citizens of every level of wealth; and
(7) freeing Senators from the incessant preoccupation with
raising money, and allowing them more time to carry out their
public responsibilities.
SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS
FINANCING OF SENATE ELECTION CAMPAIGNS.
The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is
amended by adding at the end the following:
``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
``Subtitle A--General Provisions
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Allocation from the fund.--The term `allocation from
the Fund' means an allocation of money from the Fair Elections
Fund to a participating candidate pursuant to section 522.
``(2) Board.--The term `Board' means the Fair Elections
Oversight Board established under section 531.
``(3) Fair elections qualifying period.--The term `Fair
Elections qualifying period' means, with respect to any
candidate for Senator, the period--
``(A) beginning on the date on which the candidate
files a statement of intent under section 511(a)(1);
and
``(B) ending on the date that is 30 days before--
``(i) the date of the primary election; or
``(ii) in the case of a State that does not
hold a primary election, the date prescribed by
State law as the last day to qualify for a
position on the general election ballot.
``(4) Fair elections start date.--The term `Fair Elections
start date' means, with respect to any candidate, the date that
is 180 days before--
``(A) the date of the primary election; or
``(B) in the case of a State that does not hold a
primary election, the date prescribed by State law as
the last day to qualify for a position on the general
election ballot.
``(5) Fund.--The term `Fund' means the Fair Elections Fund
established by section 502.
``(6) Immediate family.--The term `immediate family' means,
with respect to any candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent,
brother, half-brother, sister, or half-sister of the
candidate or the candidate's spouse; and
``(C) the spouse of any person described in
subparagraph (B).
``(7) Matching contribution.--The term `matching
contribution' means a matching payment provided to a
participating candidate for qualified small dollar
contributions, as provided under section 523.
``(8) Nonparticipating candidate.--The term
`nonparticipating candidate' means a candidate for Senator who
is not a participating candidate.
``(9) Participating candidate.--The term `participating
candidate' means a candidate for Senator who is certified under
section 515 as being eligible to receive an allocation from the
Fund.
``(10) Qualifying contribution.--The term `qualifying
contribution' means, with respect to a candidate, a
contribution that--
``(A) is in an amount that is--
``(i) not less than the greater of $5 or
the amount determined by the Commission under
section 531; and
``(ii) not more than the greater of $150 or
the amount determined by the Commission under
section 531;
``(B) is made by an individual--
``(i) who is a resident of the State in
which such candidate is seeking election; and
``(ii) who is not otherwise prohibited from
making a contribution under this Act;
``(C) is made during the Fair Elections qualifying
period; and
``(D) meets the requirements of section 512(b).
``(11) Qualified small dollar contribution.--The term
`qualified small dollar contribution' means, with respect to a
candidate, any contribution (or series of contributions)--
``(A) which is not a qualifying contribution (or
does not include a qualifying contribution);
``(B) which is made by an individual who is not
prohibited from making a contribution under this Act;
and
``(C) the aggregate amount of which does not exceed
the greater of--
``(i) $150 per election; or
``(ii) the amount per election determined
by the Commission under section 531.
``SEC. 502. FAIR ELECTIONS FUND.
``(a) Establishment.--There is established in the Treasury a fund
to be known as the `Fair Elections Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Appropriated amounts.--
``(A) In general.--Amounts appropriated to the
Fund.
``(B) Sense of the senate regarding
appropriations.--It is the sense of the Senate that--
``(i) there should be imposed on any
payment made to any person (other than a State
or local government or a foreign nation) who
has contracts with the Government of the United
States in excess of $10,000,000 a tax equal to
0.50 percent of amount paid pursuant to such
contracts, except that the aggregate tax for
any person for any taxable year shall not
exceed $500,000; and
``(ii) the revenue from such tax should be
appropriated to the Fund.
``(2) Voluntary contributions.--Voluntary contributions to
the Fund.
``(3) Other deposits.--Amounts deposited into the Fund
under--
``(A) section 513(c) (relating to exceptions to
contribution requirements);
``(B) section 521(c) (relating to remittance of
allocations from the Fund);
``(C) section 533 (relating to violations); and
``(D) any other section of this Act.
``(4) Investment returns.--Interest on, and the proceeds
from, the sale or redemption of, any obligations held by the
Fund under subsection (c).
``(c) Investment.--The Commission shall invest portions of the Fund
in obligations of the United States in the same manner as provided
under section 9602(b) of the Internal Revenue Code of 1986.
``(d) Use of Fund.--
``(1) In general.--The sums in the Fund shall be used to
provide benefits to participating candidates as provided in
subtitle C.
``(2) Insufficient amounts.--Under regulations established
by the Commission, rules similar to the rules of section
9006(c) of the Internal Revenue Code shall apply.
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for Senator is eligible to receive
an allocation from the Fund for any election if the candidate meets the
following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate
under this title during the period beginning on the Fair
Elections start date and ending on the last day of the Fair
Elections qualifying period.
``(2) The candidate meets the qualifying contribution
requirements of section 512.
``(3) Not later than the last day of the Fair Elections
qualifying period, the candidate files with the Commission an
affidavit signed by the candidate and the treasurer of the
candidate's principal campaign committee declaring that the
candidate--
``(A) has complied and, if certified, will comply
with the contribution and expenditure requirements of
section 513;
``(B) if certified, will comply with the debate
requirements of section 514;
``(C) if certified, will not run as a
nonparticipating candidate during such year in any
election for the office that such candidate is seeking;
and
``(D) has either qualified or will take steps to
qualify under State law to be on the ballot.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to receive an allocation from the Fund
for a general election or a general runoff election unless the
candidate's party nominated the candidate to be placed on the ballot
for the general election or the candidate otherwise qualified to be on
the ballot under State law.
``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.
``(a) In General.--A candidate for Senator meets the requirement of
this section if, during the Fair Elections qualifying period, the
candidate obtains--
``(1) a number of qualifying contributions equal to the
greater of--
``(A) the sum of--
``(i) 2,000; plus
``(ii) 500 for each congressional district
in the State with respect to which the
candidate is seeking election; or
``(B) the amount determined by the Commission under
section 531; and
``(2) a total dollar amount of qualifying contributions
equal to the greater of--
``(A) 10 percent of the amount of the allocation
such candidate would be entitled to receive for the
primary election under section 522(c)(1) (determined
without regard to paragraph (5) thereof) if such
candidate were a participating candidate; or
``(B) the amount determined by the Commission under
section 531.
``(b) Requirements Relating to Receipt of Qualifying
Contribution.--Each qualifying contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, or electronic payment account;
``(2) shall be accompanied by a signed statement
containing--
``(A) the contributor's name and the contributor's
address in the State in which the contributor is
registered to vote; and
``(B) an oath declaring that the contributor--
``(i) understands that the purpose of the
qualifying contribution is to show support for
the candidate so that the candidate may qualify
for Fair Elections financing;
``(ii) is making the contribution in his or
her own name and from his or her own funds;
``(iii) has made the contribution
willingly; and
``(iv) has not received anything of value
in return for the contribution; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy kept by the candidate for the
Commission and a copy kept by the candidate for the election
authorities in the State with respect to which the candidate is
seeking election.
``(c) Verification of Qualifying Contributions.--The Commission
shall establish procedures for the auditing and verification of
qualifying contributions to ensure that such contributions meet the
requirements of this section.
``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) General Rule.--A candidate for Senator meets the requirements
of this section if, during the election cycle of the candidate, the
candidate--
``(1) except as provided in subsection (b), accepts no
contributions other than--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) allocations from the Fund under section 522;
``(D) matching contributions under section 523; and
``(E) vouchers provided to the candidate under
section 524;
``(2) makes no expenditures from any amounts other than
from--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) allocations from the Fund under section 522;
``(D) matching contributions under section 523; and
``(E) vouchers provided to the candidate under
section 524; and
``(3) makes no expenditures from personal funds or the
funds of any immediate family member (other than funds received
through qualified small dollar contributions and qualifying
contributions).
For purposes of this subsection, a payment made by a political party in
coordination with a participating candidate shall not be treated as a
contribution to or as an expenditure made by the participating
candidate.
``(b) Contributions for Leadership PACs, etc.--A political
committee of a participating candidate which is not an authorized
committee of such candidate may accept contributions other than
contributions described in subsection (a)(1) from any person if--
``(1) the aggregate contributions from such person for any
calendar year do not exceed $150; and
``(2) no portion of such contributions is disbursed in
connection with the campaign of the participating candidate.
``(c) Exception.--Notwithstanding subsection (a), a candidate shall
not be treated as having failed to meet the requirements of this
section if any contributions that are not qualified small dollar
contributions, qualifying contributions, or contributions that meet the
requirements of subsection (b) and that are accepted before the date
the candidate files a statement of intent under section 511(a)(1) are--
``(1) returned to the contributor; or
``(2) submitted to the Commission for deposit in the Fund.
``SEC. 514. DEBATE REQUIREMENT.
``A candidate for Senator meets the requirements of this section if
the candidate participates in at least--
``(1) 1 public debate before the primary election with
other participating candidates and other willing candidates
from the same party and seeking the same nomination as such
candidate; and
``(2) 2 public debates before the general election with
other participating candidates and other willing candidates
seeking the same office as such candidate.
``SEC. 515. CERTIFICATION.
``(a) In General.--Not later than 5 days after a candidate for
Senator files an affidavit under section 511(a)(3), the Commission
shall--
``(1) certify whether or not the candidate is a
participating candidate; and
``(2) notify the candidate of the Commission's
determination.
``(b) Revocation of Certification.--
``(1) In general.--The Commission may revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the
ballot at any time after the date of certification; or
``(B) a candidate otherwise fails to comply with
the requirements of this title, including any
regulatory requirements prescribed by the Commission.
``(2) Repayment of benefits.--If certification is revoked
under paragraph (1), the candidate shall repay to the Fund an
amount equal to the value of benefits received under this title
plus interest (at a rate determined by the Commission) on any
such amount received.
``Subtitle C--Benefits
``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--For each election with respect to which a
candidate is certified as a participating candidate, such candidate
shall be entitled to--
``(1) an allocation from the Fund to make or obligate to
make expenditures with respect to such election, as provided in
section 522;
``(2) matching contributions, as provided in section 523;
and
``(3) for the general election, vouchers for broadcasts of
political advertisements, as provided in section 524.
``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under
section 522 and matching contributions under section 523 may only be
used for campaign-related costs.
``(c) Remitting Allocations From the Fund.--
``(1) In general.--Not later than the date that is 45 days
after an election in which the participating candidate appeared
on the ballot, such participating candidate shall remit to the
Commission for deposit in the Fund an amount equal to the
lesser of--
``(A) the amount of money in the candidate's
campaign account; or
``(B) the sum of the allocations from the Fund
received by the candidate under section 522 and the
matching contributions received by the candidate under
section 523.
``(2) Exception.--In the case of a candidate who qualifies
to be on the ballot for a primary runoff election, a general
election, or a general runoff election, the amounts described
in paragraph (1) may be retained by the candidate and used in
such subsequent election.
``SEC. 522. ALLOCATIONS FROM THE FUND.
``(a) In General.--The Commission shall make allocations from the
Fund under section 521(a)(1) to a participating candidate--
``(1) in the case of amounts provided under subsection
(c)(1), not later than 48 hours after the date on which such
candidate is certified as a participating candidate under
section 515;
``(2) in the case of a general election, not later than 48
hours after--
``(A) the date of the certification of the results
of the primary election or the primary runoff election;
or
``(B) in any case in which there is no primary
election, the date the candidate qualifies to be placed
on the ballot; and
``(3) in the case of a primary runoff election or a general
runoff election, not later than 48 hours after the
certification of the results of the primary election or the
general election, as the case may be.
``(b) Method of Payment.--The Commission shall distribute funds
available to participating candidates under this section through the
use of an electronic funds exchange or a debit card.
``(c) Amounts.--
``(1) Primary election allocation; initial allocation.--
Except as provided in paragraph (5), the Commission shall make
an allocation from the Fund for a primary election to a
participating candidate in an amount equal to 67 percent of the
base amount with respect to such participating candidate.
``(2) Primary runoff election allocation.--The Commission
shall make an allocation from the Fund for a primary runoff
election to a participating candidate in an amount equal to 25
percent of the amount the participating candidate was eligible
to receive under this section for the primary election.
``(3) General election allocation.--Except as provided in
paragraph (5), the Commission shall make an allocation from the
Fund for a general election to a participating candidate in an
amount equal to the base amount with respect to such candidate.
``(4) General runoff election allocation.--The Commission
shall make an allocation from the Fund for a general runoff
election to a participating candidate in an amount equal to 25
percent of the base amount with respect to such candidate.
``(5) Uncontested elections.--
``(A) In general.--In the case of a primary or
general election that is an uncontested election, the
Commission shall make an allocation from the Fund to a
participating candidate for such election in an amount
equal to 25 percent of the allocation which such
candidate would be entitled to under this section for
such election if this paragraph did not apply.
``(B) Uncontested election defined.--For purposes
of this subparagraph, an election is uncontested if not
more than 1 candidate has campaign funds (including
payments from the Fund) in an amount equal to or
greater than 10 percent of the allocation a
participating candidate would be entitled to receive
under this section for such election if this paragraph
did not apply.
``(d) Base Amount.--
``(1) In general.--Except as otherwise provided in this
subsection, the base amount for any candidate is an amount
equal to the greater of--
``(A) the sum of--
``(i) $750,000; plus
``(ii) $150,000 for each congressional
district in the State with respect to which the
candidate is seeking election; or
``(B) the amount determined by the Commission under
section 531.
``(2) Indexing.--In each even-numbered year after 2015--
``(A) each dollar amount under paragraph (1)(A)
shall be increased by the percent difference between
the price index (as defined in section 315(c)(2)(A))
for the 12 months preceding the beginning of such
calendar year and the price index for calendar year
2014;
``(B) each dollar amount so increased shall remain
in effect for the 2-year period beginning on the first
day following the date of the last general election in
the year preceding the year in which the amount is
increased and ending on the date of the next general
election; and
``(C) if any amount after adjustment under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the nearest multiple of $100.
``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS.
``(a) In General.--The Commission shall pay to each participating
candidate an amount equal to 600 percent of the amount of qualified
small dollar contributions received by the candidate from individuals
who are residents of the State in which such participating candidate is
seeking election after the date on which such candidate is certified
under section 515.
``(b) Limitation.--The aggregate payments under subsection (a) with
respect to any candidate shall not exceed the greater of--
``(1) 400 percent of the allocation such candidate is
entitled to receive for such election under section 522
(determined without regard to subsection (c)(5) thereof); or
``(2) the percentage of such allocation determined by the
Commission under section 531.
``(c) Time of Payment.--The Commission shall make payments under
this section not later than 2 business days after the receipt of a
report made under subsection (d).
``(d) Reports.--
``(1) In general.--Each participating candidate shall file
reports of receipts of qualified small dollar contributions at
such times and in such manner as the Commission may by
regulations prescribe.
``(2) Contents of reports.--Each report under this
subsection shall disclose--
``(A) the amount of each qualified small dollar
contribution received by the candidate;
``(B) the amount of each qualified small dollar
contribution received by the candidate from a resident
of the State in which the candidate is seeking
election; and
``(C) the name, address, and occupation of each
individual who made a qualified small dollar
contribution to the candidate.
``(3) Frequency of reports.--Reports under this subsection
shall be made no more frequently than--
``(A) once every month until the date that is 90
days before the date of the election;
``(B) once every week after the period described in
subparagraph (A) and until the date that is 21 days
before the election; and
``(C) once every day after the period described in
subparagraph (B).
``(4) Limitation on regulations.--The Commission may not
prescribe any regulations with respect to reporting under this
subsection with respect to any election after the date that is
180 days before the date of such election.
``(e) Appeals.--The Commission shall provide a written explanation
with respect to any denial of any payment under this section and shall
provide the opportunity for review and reconsideration within 5
business days of such denial.
``SEC. 524. POLITICAL ADVERTISING VOUCHERS.
``(a) In General.--The Commission shall establish and administer a
voucher program for the purchase of airtime on broadcasting stations
for political advertisements in accordance with the provisions of this
section.
``(b) Candidates.--The Commission shall only disburse vouchers
under the program established under subsection (a) to participants
certified pursuant to section 515 who have agreed in writing to keep
and furnish to the Commission such records, books, and other
information as it may require.
``(c) Amounts.--The Commission shall disburse vouchers to each
candidate certified under subsection (b) in an aggregate amount equal
to the greater of--
``(1) $100,000 multiplied by the number of congressional
districts in the State with respect to which such candidate is
running for office; or
``(2) the amount determined by the Commission under section
531.
``(d) Use.--
``(1) Exclusive use.--Vouchers disbursed by the Commission
under this section may be used only for the purchase of
broadcast airtime for political advertisements relating to a
general election for the office of Senate by the participating
candidate to which the vouchers were disbursed, except that--
``(A) a candidate may exchange vouchers with a
political party under paragraph (2); and
``(B) a political party may use vouchers only to
purchase broadcast airtime for political advertisements
for generic party advertising (as defined by the
Commission in regulations), to support candidates for
State or local office in a general election, or to
support participating candidates of the party in a
general election for Federal office, but only if it
discloses the value of the voucher used as an
expenditure under section 315(d).
``(2) Exchange with political party committee.--
``(A) In general.--A participating candidate who
receives a voucher under this section may transfer the
right to use all or a portion of the value of the
voucher to a committee of the political party of which
the individual is a candidate (or, in the case of a
participating candidate who is not a member of any
political party, to a committee of the political party
of that candidate's choice) in exchange for money in an
amount equal to the cash value of the voucher or
portion exchanged.
``(B) Continuation of candidate obligations.--The
transfer of a voucher, in whole or in part, to a
political party committee under this paragraph does not
release the candidate from any obligation under the
agreement made under subsection (b) or otherwise modify
that agreement or its application to that candidate.
``(C) Party committee obligations.--Any political
party committee to which a voucher or portion thereof
is transferred under subparagraph (A)--
``(i) shall account fully, in accordance
with such requirements as the Commission may
establish, for the receipt of the voucher; and
``(ii) may not use the transferred voucher
or portion thereof for any purpose other than a
purpose described in paragraph (1)(B).
``(D) Voucher as a contribution under feca.--If a
candidate transfers a voucher or any portion thereof to
a political party committee under subparagraph (A)--
``(i) the value of the voucher or portion
thereof transferred shall be treated as a
contribution from the candidate to the
committee, and from the committee to the
candidate, for purposes of sections 302 and
304;
``(ii) the committee may, in exchange,
provide to the candidate only funds subject to
the prohibitions, limitations, and reporting
requirements of title III of this Act; and
``(iii) the amount, if identified as a
`voucher exchange', shall not be considered a
contribution for the purposes of sections 315
and 513.
``(e) Value; Acceptance; Redemption.--
``(1) Voucher.--Each voucher disbursed by the Commission
under this section shall have a value in dollars, redeemable
upon presentation to the Commission, together with such
documentation and other information as the Commission may
require, for the purchase of broadcast airtime for political
advertisements in accordance with this section.
``(2) Acceptance.--A broadcasting station shall accept
vouchers in payment for the purchase of broadcast airtime for
political advertisements in accordance with this section.
``(3) Redemption.--The Commission shall redeem vouchers
accepted by broadcasting stations under paragraph (2) upon
presentation, subject to such documentation, verification,
accounting, and application requirements as the Commission may
impose to ensure the accuracy and integrity of the voucher
redemption system.
``(4) Expiration.--
``(A) Candidates.--A voucher may only be used to
pay for broadcast airtime for political advertisements
to be broadcast before midnight on the day before the
date of the Federal election in connection with which
it was issued and shall be null and void for any other
use or purpose.
``(B) Exception for political party committees.--A
voucher held by a political party committee may be used
to pay for broadcast airtime for political
advertisements to be broadcast before midnight on
December 31st of the odd-numbered year following the
year in which the voucher was issued by the Commission.
``(5) Voucher as expenditure under feca.--The use of a
voucher to purchase broadcast airtime constitutes an
expenditure as defined in section 301(9)(A).
``(f) Definitions.--In this section:
``(1) Broadcasting station.--The term `broadcasting
station' has the meaning given that term by section 315(f)(1)
of the Communications Act of 1934.
``(2) Political party.--The term `political party' means a
major party or a minor party as defined in section 9002 (3) or
(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or
(4)).
``Subtitle D--Administrative Provisions
``SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD.
``(a) Establishment.--There is established within the Federal
Election Commission an entity to be known as the `Fair Elections
Oversight Board'.
``(b) Structure and Membership.--
``(1) In general.--The Board shall be composed of 5 members
appointed by the President by and with the advice and consent
of the Senate, of whom--
``(A) 2 shall be appointed after consultation with
the majority leader of the Senate;
``(B) 2 shall be appointed after consultation with
the minority leader of the Senate; and
``(C) 1 shall be appointed upon the recommendation
of the members appointed under subparagraphs (A) and
(B).
``(2) Qualifications.--
``(A) In general.--The members shall be individuals
who are nonpartisan and, by reason of their education,
experience, and attainments, exceptionally qualified to
perform the duties of members of the Board.
``(B) Prohibition.--No member of the Board may be--
``(i) an employee of the Federal
Government;
``(ii) a registered lobbyist; or
``(iii) an officer or employee of a
political party or political campaign.
``(3) Date.--Members of the Board shall be appointed not
later than 60 days after the date of the enactment of this Act.
``(4) Terms.--A member of the Board shall be appointed for
a term of 5 years.
``(5) Vacancies.--A vacancy on the Board shall be filled
not later than 30 calendar days after the date on which the
Board is given notice of the vacancy, in the same manner as the
original appointment. The individual appointed to fill the
vacancy shall serve only for the unexpired portion of the term
for which the individual's predecessor was appointed.
``(6) Chairperson.--The Board shall designate a Chairperson
from among the members of the Board.
``(c) Duties and Powers.--
``(1) Administration.--
``(A) In general.--The Board shall have such duties
and powers as the Commission may prescribe, including
the power to administer the provisions of this title.
``(2) Review of fair elections financing.--
``(A) In general.--After each general election for
Federal office, the Board shall conduct a comprehensive
review of the Fair Elections financing program under
this title, including--
``(i) the maximum dollar amount of
qualified small dollar contributions under
section 501(11);
``(ii) the maximum and minimum dollar
amounts for qualifying contributions under
section 501(10);
``(iii) the number and value of qualifying
contributions a candidate is required to obtain
under section 512 to qualify for allocations
from the Fund;
``(iv) the amount of allocations from the
Fund that candidates may receive under section
522;
``(v) the maximum amount of matching
contributions a candidate may receive under
section 523;
``(vi) the amount and usage of vouchers
under section 524;
``(vii) the overall satisfaction of
participating candidates and the American
public with the program; and
``(viii) such other matters relating to
financing of Senate campaigns as the Board
determines are appropriate.
``(B) Criteria for review.--In conducting the
review under subparagraph (A), the Board shall consider
the following:
``(i) Qualifying contributions and
qualified small dollar contributions.--The
Board shall consider whether the number and
dollar amount of qualifying contributions
required and maximum dollar amount for such
qualifying contributions and qualified small
dollar contributions strikes a balance
regarding the importance of voter involvement,
the need to assure adequate incentives for
participating, and fiscal responsibility,
taking into consideration the number of primary
and general election participating candidates,
the electoral performance of those candidates,
program cost, and any other information the
Board determines is appropriate.
``(ii) Review of program benefits.--The
Board shall consider whether the totality of
the amount of funds allowed to be raised by
participating candidates (including through
qualifying contributions and small dollar
contributions), allocations from the Fund under
section 522, matching contributions under
section 523, and vouchers under section 524 are
sufficient for voters in each State to learn
about the candidates to cast an informed vote,
taking into account the historic amount of
spending by winning candidates, media costs,
primary election dates, and any other
information the Board determines is
appropriate.
``(C) Adjustment of amounts.--
``(i) In general.--Based on the review
conducted under subparagraph (A), the Board
shall provide for the adjustments of the
following amounts:
``(I) the maximum dollar amount of
qualified small dollar contributions
under section 501(11)(C);
``(II) the maximum and minimum
dollar amounts for qualifying
contributions under section 501(10)(A);
``(III) the number and value of
qualifying contributions a candidate is
required to obtain under section
512(a)(1);
``(IV) the base amount for
candidates under section 522(d);
``(V) the maximum amount of
matching contributions a candidate may
receive under section 523(b); and
``(VI) the dollar amount for
vouchers under section 524(c).
``(ii) Regulations.--The Commission shall
promulgate regulations providing for the
adjustments made by the Board under clause (i).
``(D) Report.--Not later than March 30 following
any general election for Federal office, the Board
shall submit a report to Congress on the review
conducted under paragraph (1). Such report shall
contain a detailed statement of the findings,
conclusions, and recommendations of the Board based on
such review.
``(d) Meetings and Hearings.--
``(1) Meetings.--The Board may hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Board considers advisable to carry out the
purposes of this Act.
``(2) Quorum.--Three members of the Board shall constitute
a quorum for purposes of voting, but a quorum is not required
for members to meet and hold hearings.
``(e) Reports.--Not later than March 30, 2017, and every 2 years
thereafter, the Board shall submit to the Senate Committee on Rules and
Administration a report documenting, evaluating, and making
recommendations relating to the administrative implementation and
enforcement of the provisions of this title.
``(f) Administration.--
``(1) Compensation of members.--
``(A) In general.--Each member, other than the
Chairperson, shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
``(B) Chairperson.--The Chairperson shall be paid
at a rate equal to the daily equivalent of the minimum
annual rate of basic pay prescribed for level III of
the Executive Schedule under section 5314 of title 5,
United States Code.
``(2) Personnel.--
``(A) Director.--The Board shall have a staff
headed by an Executive Director. The Executive Director
shall be paid at a rate equivalent to a rate
established for the Senior Executive Service under
section 5382 of title 5, United States Code.
``(B) Staff appointment.--With the approval of the
Chairperson, the Executive Director may appoint such
personnel as the Executive Director and the Board
determines to be appropriate.
``(C) Actuarial experts and consultants.--With the
approval of the Chairperson, the Executive Director may
procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
``(D) Detail of government employees.--Upon the
request of the Chairperson, the head of any Federal
agency may detail, without reimbursement, any of the
personnel of such agency to the Board to assist in
carrying out the duties of the Board. Any such detail
shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
``(E) Other resources.--The Board shall have
reasonable access to materials, resources, statistical
data, and other information from the Library of
Congress and other agencies of the executive and
legislative branches of the Federal Government. The
Chairperson of the Board shall make requests for such
access in writing when necessary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this subtitle.
``SEC. 532. ADMINISTRATION PROVISIONS.
``The Commission shall prescribe regulations to carry out the
purposes of this title, including regulations--
``(1) to establish procedures for--
``(A) verifying the amount of valid qualifying
contributions with respect to a candidate;
``(B) effectively and efficiently monitoring and
enforcing the limits on the raising of qualified small
dollar contributions;
``(C) effectively and efficiently monitoring and
enforcing the limits on the use of personal funds by
participating candidates;
``(D) monitoring the use of allocations from the
Fund and matching contributions under this title
through audits or other mechanisms; and
``(E) the administration of the voucher program
under section 524; and
``(2) regarding the conduct of debates in a manner
consistent with the best practices of States that provide
public financing for elections.
``SEC. 533. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate under section 515(a) accepts a contribution or makes an
expenditure that is prohibited under section 513, the Commission shall
assess a civil penalty against the candidate in an amount that is not
more than 3 times the amount of the contribution or expenditure. Any
amounts collected under this subsection shall be deposited into the
Fund.
``(b) Repayment for Improper Use of Fair Elections Fund.--
``(1) In general.--If the Commission determines that any
benefit made available to a participating candidate under this
title was not used as provided for in this title or that a
participating candidate has violated any of the dates for
remission of funds contained in this title, the Commission
shall so notify the candidate and the candidate shall pay to
the Fund an amount equal to--
``(A) the amount of benefits so used or not
remitted, as appropriate; and
``(B) interest on any such amounts (at a rate
determined by the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.''.
SEC. 103. PROHIBITION ON JOINT FUNDRAISING COMMITTEES.
Section 302(e) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(e)) is amended by adding at the end the following new
paragraph:
``(6) No authorized committee of a participating candidate
(as defined in section 501) may establish a joint fundraising
committee with a political committee other than an authorized
committee of a candidate.''.
SEC. 104. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES BY
POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES.
Section 315(d) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(d)) is amended--
(1) in paragraph (3)(A), by striking ``in the case of'' and
inserting ``except as provided in paragraph (5), in the case
of''; and
(2) by adding at the end the following new paragraph:
``(5)(A) The limitation under paragraph (3)(A) shall not apply with
respect to any expenditure from a qualified political party-
participating candidate coordinated expenditure fund.
``(B) In this paragraph, the term `qualified political party-
participating candidate coordinated expenditure fund' means a fund
established by the national committee of a political party, or a State
committee of a political party, including any subordinate committee of
a State committee, for purposes of making expenditures in connection
with the general election campaign of a candidate for election to the
office of Senator who is a participating candidate (as defined in
section 501), that only accepts qualified coordinated expenditure
contributions.
``(C) In this paragraph, the term `qualified coordinated
expenditure contribution' means, with respect to the general election
campaign of a candidate for election to the office of Senator who is a
participating candidate (as defined in section 501), any contribution
(or series of contributions)--
``(i) which is made by an individual who is not prohibited
from making a contribution under this Act; and
``(ii) the aggregate amount of which does not exceed $500
per election.''.
TITLE II--IMPROVING VOTER INFORMATION
SEC. 201. BROADCASTS RELATING TO ALL SENATE CANDIDATES.
(a) Lowest Unit Charge; National Committees.--Section 315(b) of the
Communications Act of 1934 (47 U.S.C. 315(b)) is amended--
(1) by striking ``to such office'' in paragraph (1) and
inserting ``to such office, or by a national committee of a
political party on behalf of such candidate in connection with
such campaign,''; and
(2) by inserting ``for pre-emptible use thereof'' after
``station'' in subparagraph (A) of paragraph (1).
(b) Preemption; Audits.--Section 315 of such Act (47 U.S.C. 315) is
amended--
(1) by redesignating subsections (c) and (d) as subsections
(e) and (f), respectively and moving them to follow the
existing subsection (e);
(2) by redesignating the existing subsection (e) as
subsection (c); and
(3) by inserting after subsection (c) (as redesignated by
paragraph (2)) the following:
``(d) Preemption.--
``(1) In general.--Except as provided in paragraph (2), and
notwithstanding the requirements of subsection (b)(1)(A), a
licensee shall not preempt the use of a broadcasting station by
a legally qualified candidate for Senate who has purchased and
paid for such use.
``(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a broadcasting station is preempted
because of circumstances beyond the control of the station, any
candidate or party advertising spot scheduled to be broadcast
during that program shall be treated in the same fashion as a
comparable commercial advertising spot.
``(e) Audits.--During the 30-day period preceding a primary
election and the 60-day period preceding a general election, the
Commission shall conduct such audits as it deems necessary to ensure
that each broadcaster to which this section applies is allocating
television broadcast advertising time in accordance with this section
and section 312.''.
(c) Revocation of License for Failure To Permit Access.--Section
312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is
amended--
(1) by striking ``or repeated'';
(2) by inserting ``or cable system'' after ``broadcasting
station''; and
(3) by striking ``his candidacy'' and inserting ``the
candidacy of the candidate, under the same terms, conditions,
and business practices as apply to the most favored advertiser
of the licensee''.
(d) Stylistic Amendments.--Section 315 of such Act (47 U.S.C. 315)
is amended--
(1) by striking ``the'' in subsection (e)(1), as
redesignated by subsection (b)(1), and inserting ``Broadcasting
station.--'';
(2) by striking ``the'' in subsection (e)(2), as
redesignated by subsection (b)(1), and inserting ``Licensee;
station licensee.--''; and
(3) by inserting ``Regulations.--'' in subsection (f), as
redesignated by subsection (b)(1), before ``The Commission''.
SEC. 202. BROADCAST RATES FOR PARTICIPATING CANDIDATES.
Section 315(b) of the Communications Act of 1934 (47 U.S.C.
315(b)), as amended by subsection (a), is amended--
(1) in paragraph (1)(A), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(3) Participating candidates.--In the case of a
participating candidate (as defined under section 501(9) of the
Federal Election Campaign Act of 1971), the charges made for
the use of any broadcasting station for a television broadcast
shall not exceed 80 percent of the lowest charge described in
paragraph (1)(A) during--
``(A) the 45 days preceding the date of a primary
or primary runoff election in which the candidate is
opposed; and
``(B) the 60 days preceding the date of a general
or special election in which the candidate is opposed.
``(4) Rate cards.--A licensee shall provide to a candidate
for Senate a rate card that discloses--
``(A) the rate charged under this subsection; and
``(B) the method that the licensee uses to
determine the rate charged under this subsection.''.
SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR REPORTING CANDIDATE
CAMPAIGN ADS.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Federal Communications Commission shall initiate a rulemaking
proceeding to establish a standardized form to be used by broadcasting
stations, as defined in section 315(f)(1) of the Communications Act of
1934 (47 U.S.C. 315(f)(1)), to record and report the purchase of
advertising time by or on behalf of a candidate for nomination for
election, or for election, to Federal elective office.
(b) Contents.--The form prescribed by the Commission under
subsection (a) shall require, broadcasting stations to report to the
Commission and to the Federal Election Commission, at a minimum--
(1) the station call letters and mailing address;
(2) the name and telephone number of the station's sales
manager (or individual with responsibility for advertising
sales);
(3) the name of the candidate who purchased the advertising
time, or on whose behalf the advertising time was purchased,
and the Federal elective office for which he or she is a
candidate;
(4) the name, mailing address, and telephone number of the
person responsible for purchasing broadcast political
advertising for the candidate;
(5) notation as to whether the purchase agreement for which
the information is being reported is a draft or final version;
and
(6) the following information about the advertisement:
(A) The date and time of the broadcast.
(B) The program in which the advertisement was
broadcast.
(C) The length of the broadcast airtime.
(c) Internet Access.--In its rulemaking under subsection (a), the
Commission shall require any broadcasting station required to file a
report under this section that maintains an Internet website to make
available a link to such reports on that website.
TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
SEC. 301. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (2
U.S.C. 437d(a)(6)) is amended by inserting ``(including a proceeding
before the Supreme Court on certiorari)'' after ``appeal''.
SEC. 302. FILING BY SENATE CANDIDATES WITH COMMISSION.
Section 302(g) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(g)) is amended to read as follows:
``(g) Filing With the Commission.--All designations,
statements, and reports required to be filed under this Act
shall be filed with the Commission.''.
SEC. 303. ELECTRONIC FILING OF FEC REPORTS.
Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)(11)) is amended--
(1) in subparagraph (A), by striking ``under this Act--''
and all that follows and inserting ``under this Act shall be
required to maintain and file such designation, statement, or
report in electronic form accessible by computers.'';
(2) in subparagraph (B), by striking ``48 hours'' and all
that follows through ``filed electronically)'' and inserting
``24 hours''; and
(3) by striking subparagraph (D).
TITLE IV--PARTICIPATION IN FUNDING OF ELECTIONS
SEC. 401. REFUNDABLE TAX CREDIT FOR SENATE CAMPAIGN CONTRIBUTIONS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36B the following new section:
``SEC. 36C. CREDIT FOR SENATE CAMPAIGN CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to 50 percent of the qualified My Voice Federal Senate campaign
contributions paid or incurred by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of qualified My Voice
Federal Senate campaign contributions taken into account under
subsection (a) for the taxable year shall not exceed $50 (twice
such amount in the case of a joint return).
``(2) Limitation on contributions to federal senate
candidates.--No credit shall be allowed under this section to
any taxpayer for any taxable year if such taxpayer made
aggregate contributions in excess of $300 during the taxable
year to--
``(A) any single Federal Senate candidate, or
``(B) any political committee established and
maintained by a national political party.
``(3) Provision of information.--No credit shall be allowed
under this section to any taxpayer unless the taxpayer provides
the Secretary with such information as the Secretary may
require to verify the taxpayer's eligibility for the credit and
the amount of the credit for the taxpayer.
``(c) Qualified My Voice Federal Senate Contributions.--For
purposes of this section, the term `My Voice Federal Senate campaign
contribution' means any contribution of cash by an individual to a
Federal Senate candidate or to a political committee established and
maintained by a national political party if such contribution is not
prohibited under the Federal Election Campaign Act of 1971.
``(d) Federal Senate Candidate.--For purposes of this section--
``(1) In general.--The term `Federal Senate candidate'
means any candidate for election to the office of Senator.
``(2) Treatment of authorized committees.--Any contribution
made to an authorized committee of a Federal Senate candidate
shall be treated as made to such candidate.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2017, the $50 amount under subsection (b)(1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2016' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $5, such amount shall be
rounded to the nearest multiple of $5.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36C,'' after ``36B,''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36C,'' after ``36B,''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36B
the following new item:
``Sec. 36C. Credit for Senate campaign contributions.''.
(c) Forms.--The Secretary of the Treasury, or his designee, shall
ensure that the credit for contributions to Federal Senate candidates
allowed under section 36C of the Internal Revenue Code of 1986, as
added by this section, may be claimed on Forms 1040EZ and 1040A.
(d) Administration.--At the request of the Secretary of the
Treasury, the Federal Election Commission shall provide the Secretary
of the Treasury with such information and other assistance as the
Secretary may reasonably require to administer the credit allowed under
section 36C of the Internal Revenue Code of 1986, as added by this
section.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2016.
TITLE V--REVENUE PROVISIONS
SEC. 501. FAIR ELECTIONS FUND REVENUE.
(a) In General.--The Internal Revenue Code of 1986 is amended by
inserting after chapter 36 the following new chapter:
``CHAPTER 37--TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT CONTRACTS
``Sec. 4501. Imposition of tax.
``SEC. 4501. IMPOSITION OF TAX.
``(a) Tax Imposed.--There is hereby imposed on any payment made to
a qualified person pursuant to a contract with the Government of the
United States a tax equal to 0.50 percent of the amount paid.
``(b) Limitation.--The aggregate amount of tax imposed under
subsection (a) for any calendar year shall not exceed $500,000.
``(c) Qualified Person.--For purposes of this section, the term
`qualified person' means any person which--
``(1) is not a State or local government, a foreign nation,
or an organization described in section 501(c)(3) which is
exempt from taxation under section 501(a), and
``(2) has contracts with the Government of the United
States with a value in excess of $10,000,000.
``(d) Payment of Tax.--The tax imposed by this section shall be
paid by the person receiving such payment.
``(e) Use of Revenue Generated by Tax.--It is the sense of the
Senate that amounts equivalent to the revenue generated by the tax
imposed under this chapter should be appropriated for the financing of
a Fair Elections Fund and used for the public financing of Senate
elections.''.
(b) Conforming Amendment.--The table of chapters of the Internal
Revenue Code of 1986 is amended by inserting after the item relating to
chapter 36 the following:
``Chapter 37--Tax on Payments Pursuant to Certain Government
Contracts''.
(c) Effective Date.--The amendments made by this section shall
apply to contracts entered into after the date of the enactment of this
Act.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 602. EFFECTIVE DATE.
Except as otherwise provided for in this Act, this Act and the
amendments made by this Act shall take effect on January 1, 2017.
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